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LANCASTER, Ohio — The murder trial of David J. O’Neal opened yesterday with the prosecution
saying he’s responsible for a Columbus man’s death during a burglary, though it was a police
officer who pulled the trigger.

O’Neal is charged with one count of murder and two counts each of aggravated burglary and
aggravated robbery, all carrying gun specifications that would add to his sentence if he is
convicted in Fairfield County Common Pleas Court.

O’Neal, 20, of Shaker Heights near Cleveland, is charged with causing the death of Destin Thomas
on July 17, 2012. The incident stemmed from a burglary at Thomas’ apartment at 7277 Brooke Blvd. on
the Far East Side. The apartment building is in a section of Columbus that is in Fairfield
County.

Fairfield County Prosecutor Gregg Marx told jurors in his opening statement yesterday that under
the law, O’Neal was responsible for killing Thomas even though he did not fire the gun.

“But for the defendant committing the burglary and robbery, Destin would still be alive,” Marx
said.

Defense attorney Tom Elwing said in his opening statement that Columbus Police Officer William
T. Kaufman, who fatally shot Thomas, was the only one responsible for his death. A Fairfield County
grand jury has cleared Kaufman, 44, a Police Division veteran of nearly 19 years.

Thomas, 21, was shot outside his apartment after he called 911 to report that his home was being
burglarized.

Kaufman told jurors yesterday that he shot Thomas as he ran from the apartment building holding
a gun, and with another man running behind him.

Kaufman said that he was responding to a burglary in progress with at least two suspects, so he
thought that both men who came out were suspects.

“His right arm extended straight out toward me,” Kaufman testified of Thomas. “The weapon was
pointed dead on at me.”

Kaufman said he learned soon after shooting the man — who was barefoot and wearing only shorts
on that summer morning — that he was the burglary victim and that the second man, who ran off, was
the burglar.

People who knew Thomas said that he did not own a gun. It has not been explained why he was
carrying one when he came running out.

O’Neal, later determined to be the second man, was the only person charged in the burglary.

O’Neal also was charged with crimes connected to stealing and crashing the cruiser of another
Columbus police officer who responded to the burglary.

Jurors watched a videotape showing the cruiser being stolen after O’Neal jumped into it as
police searched for him several hours after the burglary.

“Look, he was on Channel 10 stealing that police cruiser. We know that he did that,” Elwing
said. “He took the cruiser, he did. He ran from an officer. He is guilty of those offenses, (but)
none of those things indicate Mr. O’Neal is responsible for the death of Destin Thomas.”

The trial is scheduled to continue today with testimony from more Columbus police officers.